Michelle Leonard-Smith has been with Home by Choice as director of administration since 2009. She can be reached by email at michelle.smith@asipages.com or by phone at 765-362-4020.
On Sept. 28, the U.S. Department of Health and Human Services announced a new rule that guarantees patients and their families to nursing homes for abuse and negligence. The new rule bans pre-dispute arbitration clauses popular in nursing home contracts which have, in the past, contractually bound patients and family members to settle disputes in arbitration rather than the court system. Now, nursing homes can be sued in court if accused of wrongdoing.
The new rule is the latest step forward in a wave of calls for accountability in elder care and abuse prevention. The U.S. Department of Justice reports that more than five million Americans are affected by some form of elder abuse each year, and while state and federal government entities are focusing attention on the issue, elderly abuse can be difficult to identify and prevent. The elderly are especially prone to neglect, financial exploitation and emotional abuse.
Signs of elderly abuse include unexplained withdrawal from routine or previously enjoyed activities, depression, sudden changes in financial situations, unexplained bruises or injuries, failure to take medication, unexplained weight loss, unattended medical needs and strained or tense relationships with caregivers. Many elderly will not report abuse, especially that experienced in institutionalized settings such as a nursing home, for fear that no one will be believe them or out of shame that they are unable to properly defend themselves. Because they are often frail and vulnerable, the elderly are forced to rely on others such as caregivers or family members to meet their basic needs and often decide against reporting abuse for fear that they will lose what little care they receive.
While nursing homes should offer a safe haven for the elderly, abusive treatment can occur. Over the decades, nursing home staff throughout the U.S. have been accused of everything from sexually assaulting residents to sedating difficult patients with unnecessary drugs to neglecting patients to the point of dehydration and even death. With the rise of social media, some nursing home employees have been documented using Snapchat and Twitter to share explicit videos and images of their patients in embarrassing or abusive situations. As a result of recent investigations into these abuses, federal and state governments have moved to impose more restrictions on institutionalized elder care and to provide more support for at-risk seniors. The newly imposed rule allowing patients to sue nursing homes from negligence and abuse will shed further light on potential nursing home care infractions.
If you suspect that an elderly individual is being abused, contact Indiana Adult Protective Services at 1-800-992-6978. You do not need hard evidence to file a report, but the more details you can provide, the better. If the APS determines that abuse may be taking place, it will assign a caseworker to conduct an investigation and take further action as needed.
Michelle Leonard-Smith is CEO/Executive Director of Home by Choice. She can be reached by email at michelle.smith@asipages.com or by phone at 765-362-4020.
